CS for CS for CS for SB 1632                    Second Engrossed
       
       
       
       
       
       
       
       
       20131632e2
       
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 163.01,
    3         F.S.; modifying the definition of the term “public
    4         agency” to include a public transit provider;
    5         providing that a public agency of this state may have
    6         membership in a separate legal entity created under
    7         the Florida Interlocal Cooperation Act of 1969;
    8         amending s. 337.25, F.S.; authorizing the Department
    9         of Transportation to use auction services in the
   10         conveyance of certain property or leasehold interests;
   11         revising certain inventory requirements; revising
   12         provisions and providing criteria for the department
   13         to dispose of certain excess property; providing such
   14         criteria for the disposition of donated property,
   15         property used for a public purpose, or property
   16         acquired to provide replacement housing for certain
   17         displaced persons; providing value offsets for
   18         property that requires significant maintenance costs
   19         or exposes the department to significant liability;
   20         providing procedures for the sale of property to
   21         abutting property owners; deleting provisions to
   22         conform to changes made by the act; providing monetary
   23         restrictions and criteria for the conveyance of
   24         certain leasehold interests; providing exceptions to
   25         restrictions for leases entered into for a public
   26         purpose; providing criteria for the preparation of
   27         estimates of value prepared by the department;
   28         providing that the requirements of s. 73.013, F.S.,
   29         relating to eminent domain, are not modified;
   30         providing that certain programs approved by the
   31         Federal Government relating to the maintenance of
   32         highway roadside rights-of-way must be submitted to
   33         the Legislature for approval; amending s. 373.618,
   34         F.S.; deleting a provision that exempts public
   35         information systems operated by water management
   36         districts from review and approval by local
   37         governments; providing that such systems are subject
   38         to the requirements of ch. 479, F.S.; providing that
   39         certain public information systems operated by water
   40         management districts must be approved by the
   41         Department of Transportation and the Federal Highway
   42         Administration if such approval is required by certain
   43         laws and regulations; amending provisions of ch. 479,
   44         F.S., relating to outdoor advertising signs; amending
   45         s. 479.01, F.S.; revising and deleting definitions;
   46         amending s. 479.02, F.S.; revising powers of the
   47         department relating to nonconforming signs; deleting a
   48         requirement that the department adopt certain rules;
   49         creating s. 479.024, F.S.; limiting the placement of
   50         signs in commercial or industrial zones; defining the
   51         terms “parcel” and “utilities”; providing mandatory
   52         criteria for local governments to use in determining
   53         zoning for commercial or industrial parcels; providing
   54         that certain parcels are considered unzoned commercial
   55         or industrial areas; providing that specified uses may
   56         not be independently recognized as commercial or
   57         industrial areas; providing an appeal process for an
   58         applicant whose permit is denied; requiring an
   59         applicant whose application is denied to remove an
   60         existing sign pertaining to the application; requiring
   61         the department to reduce certain transportation
   62         funding in certain circumstances; amending s. 479.03,
   63         F.S.; providing for notice to owners of intervening
   64         privately owned lands before entering upon such lands
   65         to remove an illegal sign; amending s. 479.04, F.S.;
   66         providing that an outdoor advertising license is not
   67         required solely to erect outdoor signs or structures;
   68         amending s. 479.05, F.S.; authorizing the department
   69         to suspend a license for certain offenses and
   70         specifying activities that the licensee may engage in
   71         during the suspension; amending s. 479.07, F.S.;
   72         revising requirements for obtaining sign permits;
   73         conforming and clarifying provisions; requiring an
   74         application fee; revising sign placement requirements
   75         for signs on certain highways; deleting provisions
   76         that establish a pilot program relating to placement
   77         and removing a permit reinstatement fee; amending s.
   78         479.08, F.S.; clarifying provisions relating to the
   79         denial or revocation of a permit because of false or
   80         misleading information in the permit application;
   81         amending s. 479.10, F.S.; providing for cancellation
   82         of a permit; amending s. 479.105, F.S.; revising
   83         notice requirements to owners and advertisers relating
   84         to signs erected or maintained without a permit;
   85         revising procedures providing for the department to
   86         issue a permit as a conforming or nonconforming sign
   87         to the owner of an unpermitted sign; amending s.
   88         479.106, F.S.; increasing an administrative penalty
   89         for illegally removing certain vegetation; amending s.
   90         479.107, F.S.; deleting fines for certain signs on
   91         highway rights-of-way; amending s. 479.111, F.S.;
   92         clarifying provisions relating to signs allowed on
   93         certain highways; amending s. 479.15, F.S.; deleting a
   94         definition; clarifying and conforming provisions
   95         related to permitted signs on property that is the
   96         subject of public acquisition; amending s. 479.156,
   97         F.S.; clarifying provisions related to the regulation
   98         of wall murals; amending s. 479.16, F.S.; providing
   99         that certain provisions relating to the regulation of
  100         signs may not be implemented or continued if such
  101         actions will adversely affect the allocation of
  102         federal funds to the department; exempting from permit
  103         requirements certain signs placed by tourist-oriented
  104         businesses, certain farm signs during harvest season,
  105         acknowledgement signs on publicly funded school
  106         premises, and certain displays on specific sports
  107         facilities; providing for the removal of signs if
  108         certain exemptions do not apply because the allocation
  109         of federal funds to the department will be adversely
  110         impacted; amending s. 479.24, F.S.; clarifying
  111         provisions relating to compensation paid for the
  112         department’s acquisition of lawful signs; amending s.
  113         479.25, F.S.; requiring a local government to grant a
  114         variance or waiver to a local ordinance or regulation
  115         to allow the owner of a lawfully permitted sign to
  116         increase the height of the sign if a noise-attenuation
  117         barrier is permitted by or erected by a governmental
  118         entity in a way that interferes with the visibility of
  119         the sign; deleting provisions to conform; amending s.
  120         479.261, F.S.; conforming provisions related to a logo
  121         sign program on limited access highways; amending s.
  122         479.262, F.S.; clarifying provisions relating to a
  123         tourist-oriented directional sign program; limiting
  124         the placement of such signs to intersections on
  125         certain rural roads; prohibiting such signs in urban
  126         areas; amending s. 479.313, F.S.; requiring a
  127         permittee to pay the cost of removing certain signs
  128         following the cancellation of the permit for the sign;
  129         repealing s. 76 of chapter 2012-174, Laws of Florida,
  130         relating to authorizing the department to seek Federal
  131         Highway Administration approval of a tourist-oriented
  132         commerce sign pilot program and directing the
  133         department to submit the approved pilot program for
  134         legislative approval; providing an effective date.
  135  
  136  Be It Enacted by the Legislature of the State of Florida:
  137  
  138         Section 1. Paragraph (b) of subsection (3) and paragraph
  139  (g) of subsection (7) of section 163.01, Florida Statutes, are
  140  amended to read:
  141         163.01 Florida Interlocal Cooperation Act of 1969.—
  142         (3) As used in this section:
  143         (b) “Public agency” means a political subdivision, agency,
  144  or officer of this state or of any state of the United States,
  145  including, but not limited to, state government, county, city,
  146  school district, single and multipurpose special district,
  147  single and multipurpose public authority, metropolitan or
  148  consolidated government, a separate legal entity or
  149  administrative entity created under subsection (7), a public
  150  transit provider as defined in s. 341.031, an independently
  151  elected county officer, any agency of the United States
  152  Government, a federally recognized Native American tribe, and
  153  any similar entity of any other state of the United States.
  154         (7)
  155         (g)1. Notwithstanding any other provisions of this section,
  156  any separate legal entity created under this section, the
  157  membership of which is limited to municipalities and counties of
  158  the state, and which may include a special district or a public
  159  agency of this state in addition to a municipality or county or
  160  both, may acquire, own, construct, improve, operate, and manage
  161  public facilities, or finance facilities on behalf of any
  162  person, relating to a governmental function or purpose,
  163  including, but not limited to, wastewater facilities, water or
  164  alternative water supply facilities, and water reuse facilities,
  165  which may serve populations within or outside of the members of
  166  the entity. Notwithstanding s. 367.171(7), any separate legal
  167  entity created under this paragraph is not subject to Public
  168  Service Commission jurisdiction. The separate legal entity may
  169  not provide utility services within the service area of an
  170  existing utility system unless it has received the consent of
  171  the utility.
  172         2. For purposes of this paragraph, the term:
  173         a. “Host government” means the governing body of the
  174  county, if the largest number of equivalent residential
  175  connections currently served by a system of the utility is
  176  located in the unincorporated area, or the governing body of a
  177  municipality, if the largest number of equivalent residential
  178  connections currently served by a system of the utility is
  179  located within that municipality’s boundaries.
  180         b. “Separate legal entity” means any entity created by
  181  interlocal agreement the membership of which is limited to two
  182  or more special districts, municipalities, or counties, or
  183  public agencies of the state, but which entity is legally
  184  separate and apart from any of its member governments.
  185         c. “System” means a water or wastewater facility or group
  186  of such facilities owned by one entity or affiliate entities.
  187         d. “Utility” means a water or wastewater utility and
  188  includes every person, separate legal entity, lessee, trustee,
  189  or receiver owning, operating, managing, or controlling a
  190  system, or proposing construction of a system, who is providing,
  191  or proposes to provide, water or wastewater service to the
  192  public for compensation.
  193         3. A separate legal entity that seeks to acquire any
  194  utility shall notify the host government in writing by certified
  195  mail about the contemplated acquisition not less than 30 days
  196  before any proposed transfer of ownership, use, or possession of
  197  any utility assets by such separate legal entity. The potential
  198  acquisition notice shall be provided to the legislative head of
  199  the governing body of the host government and to its chief
  200  administrative officer and shall provide the name and address of
  201  a contact person for the separate legal entity and information
  202  identified in s. 367.071(4)(a) concerning the contemplated
  203  acquisition.
  204         4.a. Within 30 days following receipt of the notice, the
  205  host government may adopt a resolution to become a member of the
  206  separate legal entity, adopt a resolution to approve the utility
  207  acquisition, or adopt a resolution to prohibit the utility
  208  acquisition by the separate legal entity if the host government
  209  determines that the proposed acquisition is not in the public
  210  interest. A resolution adopted by the host government which
  211  prohibits the acquisition may include conditions that would make
  212  the proposal acceptable to the host government.
  213         b. If a host government adopts a membership resolution, the
  214  separate legal entity shall accept the host government as a
  215  member on the same basis as its existing members before any
  216  transfer of ownership, use, or possession of the utility or the
  217  utility facilities. If a host government adopts a resolution to
  218  approve the utility acquisition, the separate legal entity may
  219  complete the acquisition. If a host government adopts a
  220  prohibition resolution, the separate legal entity may not
  221  acquire the utility within that host government’s territory
  222  without the specific consent of the host government by future
  223  resolution. If a host government does not adopt a prohibition
  224  resolution or an approval resolution, the separate legal entity
  225  may proceed to acquire the utility after the 30-day notice
  226  period without further notice.
  227         5. After the acquisition or construction of any utility
  228  systems by a separate legal entity created under this paragraph,
  229  revenues or any other income may not be transferred or paid to a
  230  member of a separate legal entity, or to any other special
  231  district, county, or municipality, or public agency of this
  232  state, from user fees or other charges or revenues generated
  233  from customers that are not physically located within the
  234  jurisdictional or service delivery boundaries of the member,
  235  special district, county, or municipality, or public agency
  236  receiving the transfer or payment. Any transfer or payment to a
  237  member, special district, or other local government, or public
  238  agency of this state must be solely from user fees or other
  239  charges or revenues generated from customers that are physically
  240  located within the jurisdictional or service delivery boundaries
  241  of the member, special district, or local government, or public
  242  agency receiving the transfer of payment.
  243         6. This section is an alternative provision otherwise
  244  provided by law as authorized in s. 4, Art. VIII of the State
  245  Constitution for any transfer of power as a result of an
  246  acquisition of a utility by a separate legal entity from a
  247  municipality, county, or special district, or public agency of
  248  this state.
  249         7. The entity may finance or refinance the acquisition,
  250  construction, expansion, and improvement of such facilities
  251  relating to a governmental function or purpose through the
  252  issuance of its bonds, notes, or other obligations under this
  253  section or as otherwise authorized by law. The entity has all
  254  the powers provided by the interlocal agreement under which it
  255  is created or which are necessary to finance, own, operate, or
  256  manage the public facility, including, without limitation, the
  257  power to establish rates, charges, and fees for products or
  258  services provided by it, the power to levy special assessments,
  259  the power to sell or finance all or a portion of such facility,
  260  and the power to contract with a public or private entity to
  261  manage and operate such facilities or to provide or receive
  262  facilities, services, or products. Except as may be limited by
  263  the interlocal agreement under which the entity is created, all
  264  of the privileges, benefits, powers, and terms of s. 125.01,
  265  relating to counties, and s. 166.021, relating to
  266  municipalities, are fully applicable to the entity. However,
  267  neither the entity nor any of its members on behalf of the
  268  entity may exercise the power of eminent domain over the
  269  facilities or property of any existing water or wastewater plant
  270  utility system, nor may the entity acquire title to any water or
  271  wastewater plant utility facilities, other facilities, or
  272  property which was acquired by the use of eminent domain after
  273  the effective date of this act. Bonds, notes, and other
  274  obligations issued by the entity are issued on behalf of the
  275  public agencies that are members of the entity.
  276         8. Any entity created under this section may also issue
  277  bond anticipation notes in connection with the authorization,
  278  issuance, and sale of bonds. The bonds may be issued as serial
  279  bonds or as term bonds or both. Any entity may issue capital
  280  appreciation bonds or variable rate bonds. Any bonds, notes, or
  281  other obligations must be authorized by resolution of the
  282  governing body of the entity and bear the date or dates; mature
  283  at the time or times, not exceeding 40 years from their
  284  respective dates; bear interest at the rate or rates; be payable
  285  at the time or times; be in the denomination; be in the form;
  286  carry the registration privileges; be executed in the manner; be
  287  payable from the sources and in the medium or payment and at the
  288  place; and be subject to the terms of redemption, including
  289  redemption prior to maturity, as the resolution may provide. If
  290  any officer whose signature, or a facsimile of whose signature,
  291  appears on any bonds, notes, or other obligations ceases to be
  292  an officer before the delivery of the bonds, notes, or other
  293  obligations, the signature or facsimile is valid and sufficient
  294  for all purposes as if he or she had remained in office until
  295  the delivery. The bonds, notes, or other obligations may be sold
  296  at public or private sale for such price as the governing body
  297  of the entity shall determine. Pending preparation of the
  298  definitive bonds, the entity may issue interim certificates,
  299  which shall be exchanged for the definitive bonds. The bonds may
  300  be secured by a form of credit enhancement, if any, as the
  301  entity deems appropriate. The bonds may be secured by an
  302  indenture of trust or trust agreement. In addition, the
  303  governing body of the legal entity may delegate, to an officer,
  304  official, or agent of the legal entity as the governing body of
  305  the legal entity may select, the power to determine the time;
  306  manner of sale, public or private; maturities; rate of interest,
  307  which may be fixed or may vary at the time and in accordance
  308  with a specified formula or method of determination; and other
  309  terms and conditions as may be deemed appropriate by the
  310  officer, official, or agent so designated by the governing body
  311  of the legal entity. However, the amount and maturity of the
  312  bonds, notes, or other obligations and the interest rate of the
  313  bonds, notes, or other obligations must be within the limits
  314  prescribed by the governing body of the legal entity and its
  315  resolution delegating to an officer, official, or agent the
  316  power to authorize the issuance and sale of the bonds, notes, or
  317  other obligations.
  318         9. Bonds, notes, or other obligations issued under this
  319  paragraph may be validated as provided in chapter 75. The
  320  complaint in any action to validate the bonds, notes, or other
  321  obligations must be filed only in the Circuit Court for Leon
  322  County. The notice required to be published by s. 75.06 must be
  323  published in Leon County and in each county that is a member of
  324  the entity issuing the bonds, notes, or other obligations, or in
  325  which a member of the entity is located, and the complaint and
  326  order of the circuit court must be served only on the State
  327  Attorney of the Second Judicial Circuit and on the state
  328  attorney of each circuit in each county that is a member of the
  329  entity issuing the bonds, notes, or other obligations or in
  330  which a member of the entity is located. Section 75.04(2) does
  331  not apply to a complaint for validation brought by the legal
  332  entity.
  333         10. The accomplishment of the authorized purposes of a
  334  legal entity created under this paragraph is in all respects for
  335  the benefit of the people of the state, for the increase of
  336  their commerce and prosperity, and for the improvement of their
  337  health and living conditions. Since the legal entity will
  338  perform essential governmental functions in accomplishing its
  339  purposes, the legal entity is not required to pay any taxes or
  340  assessments of any kind whatsoever upon any property acquired or
  341  used by it for such purposes or upon any revenues at any time
  342  received by it. The bonds, notes, and other obligations of an
  343  entity, their transfer, and the income therefrom, including any
  344  profits made on the sale thereof, are at all times free from
  345  taxation of any kind by the state or by any political
  346  subdivision or other agency or instrumentality thereof. The
  347  exemption granted in this subparagraph is not applicable to any
  348  tax imposed by chapter 220 on interest, income, or profits on
  349  debt obligations owned by corporations.
  350         Section 2. Section 337.25, Florida Statutes, is amended to
  351  read:
  352         337.25 Acquisition, lease, and disposal of real and
  353  personal property.—
  354         (1)(a) The department may purchase, lease, exchange, or
  355  otherwise acquire any land, property interests, or buildings or
  356  other improvements, including personal property within such
  357  buildings or on such lands, necessary to secure or utilize
  358  transportation rights-of-way for existing, proposed, or
  359  anticipated transportation facilities on the State Highway
  360  System, on the State Park Road System, in a rail corridor, or in
  361  a transportation corridor designated by the department. Such
  362  property shall be held in the name of the state.
  363         (b) The department may accept donations of any land or
  364  buildings or other improvements, including personal property
  365  within such buildings or on such lands with or without such
  366  conditions, reservations, or reverter provisions as are
  367  acceptable to the department. Such donations may be used as
  368  transportation rights-of-way or to secure or utilize
  369  transportation rights-of-way for existing, proposed, or
  370  anticipated transportation facilities on the State Highway
  371  System, on the State Park Road System, or in a transportation
  372  corridor designated by the department.
  373         (c) When lands, buildings, or other improvements are needed
  374  for transportation purposes, but are held by a federal, state,
  375  or local governmental entity and utilized for public purposes
  376  other than transportation, the department may compensate the
  377  entity for such properties by providing functionally equivalent
  378  replacement facilities. The providing of replacement facilities
  379  under this subsection may only be undertaken with the agreement
  380  of the governmental entity affected.
  381         (d) The department may contract pursuant to s. 287.055 for
  382  auction services used in the conveyance of real or personal
  383  property or the conveyance of leasehold interests under the
  384  provisions of subsections (4) and (5). The contract may allow
  385  for the contractor to retain a portion of the proceeds as
  386  compensation for the contractor’s services.
  387         (2) A complete inventory shall be made of all real or
  388  personal property immediately upon possession or acquisition.
  389  Such inventory shall include a statement of the location or site
  390  of each piece of realty, structure, or severable item an
  391  itemized listing of all appliances, fixtures, and other
  392  severable items; a statement of the location or site of each
  393  piece of realty, structure, or severable item; and the serial
  394  number assigned to each. Copies of each inventory shall be filed
  395  in the district office in which the property is located. Such
  396  inventory shall be carried forward to show the final disposition
  397  of each item of property, both real and personal.
  398         (3) The inventory of real property which was acquired by
  399  the state after December 31, 1988, which has been owned by the
  400  state for 10 or more years, and which is not within a
  401  transportation corridor or within the right-of-way of a
  402  transportation facility shall be evaluated to determine the
  403  necessity for retaining the property. If the property is not
  404  needed for the construction, operation, and maintenance of a
  405  transportation facility, or is not located within a
  406  transportation corridor, the department may dispose of the
  407  property pursuant to subsection (4).
  408         (4) The department may convey sell, in the name of the
  409  state, any land, building, or other property, real or personal,
  410  which was acquired under the provisions of subsection (1) and
  411  which the department has determined is not needed for the
  412  construction, operation, and maintenance of a transportation
  413  facility. With the exception of any parcel governed by paragraph
  414  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
  415  (i), the department shall afford first right of refusal to the
  416  local government in the jurisdiction of which the parcel is
  417  situated. When such a determination has been made, property may
  418  be disposed of through negotiations, sealed competitive bids,
  419  auctions, or any other means the department deems to be in its
  420  best interest, with due advertisement for property valued by the
  421  department at greater than $10,000. A sale may not occur at a
  422  price less than the department’s current estimate of value,
  423  except as provided in paragraphs (a)-(d). The department may
  424  afford a right of first refusal to the local government or other
  425  political subdivision in the jurisdiction in which the parcel is
  426  situated, except in conveyances transacted under paragraph (a),
  427  paragraph (c), or paragraph (e). in the following manner:
  428         (a) If the value of the property has been donated to the
  429  state for transportation purposes and a facility has not been
  430  constructed for a period of at least 5 years, plans have not
  431  been prepared for the construction of such facility, and the
  432  property is not located in a transportation corridor, the
  433  governmental entity may authorize reconveyance of the donated
  434  property for no consideration to the original donor or the
  435  donor’s heirs, successors, assigns, or representatives is
  436  $10,000 or less as determined by department estimate, the
  437  department may negotiate the sale.
  438         (b) If the value of the property is to be used for a public
  439  purpose, the property may be conveyed without consideration to a
  440  governmental entity exceeds $10,000 as determined by department
  441  estimate, such property may be sold to the highest bidder
  442  through receipt of sealed competitive bids, after due
  443  advertisement, or by public auction held at the site of the
  444  improvement which is being sold.
  445         (c) If the property was originally acquired specifically to
  446  provide replacement housing for persons displaced by
  447  transportation projects, the department may negotiate for the
  448  sale of such property as replacement housing. As compensation,
  449  the state shall receive no less than its investment in such
  450  property or the department’s current estimate of value,
  451  whichever is lower. It is expressly intended that this benefit
  452  be extended only to persons actually displaced by the project.
  453  Dispositions to any other person must be for no less than the
  454  department’s current estimate of value, in the discretion of the
  455  department, public sale would be inequitable, properties may be
  456  sold by negotiation to the owner holding title to the property
  457  abutting the property to be sold, provided such sale is at a
  458  negotiated price not less than fair market value as determined
  459  by an independent appraisal, the cost of which shall be paid by
  460  the owner of the abutting land. If negotiations do not result in
  461  the sale of the property to the owner of the abutting land and
  462  the property is sold to someone else, the cost of the
  463  independent appraisal shall be borne by the purchaser; and the
  464  owner of the abutting land shall have the cost of the appraisal
  465  refunded to him or her. If, however, no purchase takes place,
  466  the owner of the abutting land shall forfeit the sum paid by him
  467  or her for the independent appraisal. If, due to action of the
  468  department, the property is removed from eligibility for sale,
  469  the cost of any appraisal prepared shall be refunded to the
  470  owner of the abutting land.
  471         (d) If the department determines that the property will
  472  require significant costs to be incurred or that continued
  473  ownership of the property exposes the department to significant
  474  liability risks, the department may use the projected
  475  maintenance costs over the next 10 years to offset the
  476  property’s value in establishing a value for disposal of the
  477  property, even if that value is zero property acquired for use
  478  as a borrow pit is no longer needed, the department may sell
  479  such property to the owner of the parcel of abutting land from
  480  which the borrow pit was originally acquired, provided the sale
  481  is at a negotiated price not less than fair market value as
  482  determined by an independent appraisal, the cost of which shall
  483  be paid by the owner of such abutting land.
  484         (e) If, in the discretion of the department, a sale to
  485  anyone other than an abutting property owner would be
  486  inequitable, the property may be sold to the abutting owner for
  487  the department’s current estimate of value the department begins
  488  the process for disposing of the property on its own initiative,
  489  either by negotiation under the provisions of paragraph (a),
  490  paragraph (c), paragraph (d), or paragraph (i), or by receipt of
  491  sealed competitive bids or public auction under the provisions
  492  of paragraph (b) or paragraph (i), a department staff appraiser
  493  may determine the fair market value of the property by an
  494  appraisal.
  495         (f) Any property which was acquired by a county or by the
  496  department using constitutional gas tax funds for the purpose of
  497  a right-of-way or borrow pit for a road on the State Highway
  498  System, State Park Road System, or county road system and which
  499  is no longer used or needed by the department may be conveyed
  500  without consideration to that county. The county may then sell
  501  such surplus property upon receipt of competitive bids in the
  502  same manner prescribed in this section.
  503         (g) If a property has been donated to the state for
  504  transportation purposes and the facility has not been
  505  constructed for a period of at least 5 years and no plans have
  506  been prepared for the construction of such facility and the
  507  property is not located in a transportation corridor, the
  508  governmental entity may authorize reconveyance of the donated
  509  property for no consideration to the original donor or the
  510  donor’s heirs, successors, assigns, or representatives.
  511         (h) If property is to be used for a public purpose, the
  512  property may be conveyed without consideration to a governmental
  513  entity.
  514         (i) If property was originally acquired specifically to
  515  provide replacement housing for persons displaced by
  516  transportation projects, the department may negotiate for the
  517  sale of such property as replacement housing. As compensation,
  518  the state shall receive no less than its investment in such
  519  properties or fair market value, whichever is lower. It is
  520  expressly intended that this benefit be extended only to those
  521  persons actually displaced by such project. Dispositions to any
  522  other persons must be for fair market value.
  523         (j) If the department determines that the property will
  524  require significant costs to be incurred or that continued
  525  ownership of the property exposes the department to significant
  526  liability risks, the department may use the projected
  527  maintenance costs over the next 5 years to offset the market
  528  value in establishing a value for disposal of the property, even
  529  if that value is zero.
  530         (5) The department may convey a leasehold interest for
  531  commercial or other purposes, in the name of the state, to any
  532  land, building, or other property, real or personal, which was
  533  acquired under the provisions of subsection (1). However, a
  534  lease may not be entered into at a price less than the
  535  department’s current estimate of value.
  536         (a) A lease may be through negotiations, sealed competitive
  537  bids, auctions, or any other means the department deems to be in
  538  its best interest The department may negotiate such a lease at
  539  the prevailing market value with the owner from whom the
  540  property was acquired; with the holders of leasehold estates
  541  existing at the time of the department’s acquisition; or, if
  542  public bidding would be inequitable, with the owner holding
  543  title to privately owned abutting property, if reasonable notice
  544  is provided to all other owners of abutting property. The
  545  department may allow an outdoor advertising sign to remain on
  546  the property acquired, or be relocated on department property,
  547  and such sign shall not be considered a nonconforming sign
  548  pursuant to chapter 479.
  549         (b) If, in the discretion of the department, a lease to a
  550  person other than an abutting property owner or tenant with a
  551  leasehold interest in the abutting property would be
  552  inequitable, the property may be leased to the abutting owner or
  553  tenant for no less than the department’s current estimate of
  554  value All other leases shall be by competitive bid.
  555         (c) No lease signed pursuant to paragraph (a) or paragraph
  556  (b) shall be for a period of more than 5 years; however, the
  557  department may renegotiate or extend such a lease for an
  558  additional term of 5 years as the department deems appropriate
  559  without rebidding.
  560         (d) Each lease shall provide that, unless otherwise
  561  directed by the lessor, any improvements made to the property
  562  during the term of the lease shall be removed at the lessee’s
  563  expense.
  564         (e) If property is to be used for a public purpose,
  565  including a fair, art show, or other educational, cultural, or
  566  fundraising activity, the property may be leased without
  567  consideration to a governmental entity or school board. A lease
  568  for a public purpose is exempt from the term limits in paragraph
  569  (c).
  570         (f) Paragraphs (c) and (e) (d) do not apply to leases
  571  entered into pursuant to s. 260.0161(3), except as provided in
  572  such a lease.
  573         (g) No lease executed under this subsection may be utilized
  574  by the lessee to establish the 4 years’ standing required by s.
  575  73.071(3)(b) if the business had not been established for the
  576  specified number of 4 years on the date title passed to the
  577  department.
  578         (h) The department may enter into a long-term lease without
  579  compensation with a public port listed in s. 403.021(9)(b) for
  580  rail corridors used for the operation of a short-line railroad
  581  to the port.
  582         (6) Nothing in this chapter prevents the joint use of
  583  right-of-way for alternative modes of transportation; provided
  584  that the joint use does not impair the integrity and safety of
  585  the transportation facility.
  586         (7) The department’s estimate of value, required by
  587  subsections (4) and (5), shall be prepared in accordance with
  588  department procedures, guidelines, and rules for valuation of
  589  real property. If the value of the property exceeds $50,000, as
  590  determined by the department estimate, the sale or lease must be
  591  at a negotiated price not less than the estimate of value as
  592  determined by an appraisal prepared in accordance with
  593  department procedures, guidelines, and rules for valuation of
  594  real property, the cost of which shall be paid by the party
  595  seeking the purchase or lease of the property appraisal required
  596  by paragraphs (4)(c) and (d) shall be prepared in accordance
  597  with department guidelines and rules by an independent appraiser
  598  who has been certified by the department. If federal funds were
  599  used in the acquisition of the property, the appraisal shall
  600  also be subject to the approval of the Federal Highway
  601  Administration.
  602         (8) A “due advertisement” under this section is an
  603  advertisement in a newspaper of general circulation in the area
  604  of the improvements of not less than 14 calendar days prior to
  605  the date of the receipt of bids or the date on which a public
  606  auction is to be held.
  607         (9) The department, with the approval of the Chief
  608  Financial Officer, is authorized to disburse state funds for
  609  real estate closings in a manner consistent with good business
  610  practices and in a manner minimizing costs and risks to the
  611  state.
  612         (10) The department is authorized to purchase title
  613  insurance in those instances where it is determined that such
  614  insurance is necessary to protect the public’s investment in
  615  property being acquired for transportation purposes. The
  616  department shall adopt procedures to be followed in making the
  617  determination to purchase title insurance for a particular
  618  parcel or group of parcels which, at a minimum, shall set forth
  619  criteria which the parcels must meet.
  620         (11) This section does not modify the requirements of s.
  621  73.013.
  622         Section 3. If the Federal Government approves a program
  623  that allows participation in the maintenance of highway roadside
  624  rights-of-way through monetary contributions in exchange for
  625  recognition of services provided in the form of organic
  626  corporate emblems placed in view of passing motorists, the
  627  Department of Transportation shall submit the program for
  628  legislative approval in the next regular legislative session.
  629         Section 4. Section 373.618, Florida Statutes, is amended to
  630  read:
  631         373.618 Public service warnings, alerts, and
  632  announcements.—The Legislature believes it is in the public
  633  interest that all water management districts created pursuant to
  634  s. 373.069 own, acquire, develop, construct, operate, and manage
  635  public information systems. Public information systems may be
  636  located on property owned by the water management district, upon
  637  terms and conditions approved by the water management district,
  638  and must display messages to the general public concerning water
  639  management services, activities, events, and sponsors, as well
  640  as other public service announcements, including watering
  641  restrictions, severe weather reports, amber alerts, and other
  642  essential information needed by the public. Local government
  643  review or approval is not required for a public information
  644  system owned or hereafter acquired, developed, or constructed by
  645  the water management district on its own property. A public
  646  information system is subject to exempt from the requirements of
  647  chapter 479. However, a public information system that is
  648  subject to the Highway Beautification Act of 1965 must be
  649  approved by the Department of Transportation and the Federal
  650  Highway Administration if such approval is required by federal
  651  law and federal regulation under the agreement between the state
  652  and the United States Department of Transportation and by
  653  federal regulations enforced by the Department of Transportation
  654  under s. 479.02(1). Water management district funds may not be
  655  used to pay the cost to acquire, develop, construct, operate, or
  656  manage a public information system. Any necessary funds for a
  657  public information system shall be paid for and collected from
  658  private sponsors who may display commercial messages.
  659         Section 5. Section 479.01, Florida Statutes, is amended to
  660  read:
  661         479.01 Definitions.—As used in this chapter, the term:
  662         (1) “Allowable uses” means those uses that are authorized
  663  within a zoning category without the requirement to obtain a
  664  variance or waiver. The term includes conditional uses and those
  665  allowed by special exception, but does not include uses that are
  666  accessory, incidental to the allowable uses, or allowed only on
  667  a temporary basis.
  668         (2) “Automatic changeable facing” means a facing that is
  669  capable of delivering two or more advertising messages through
  670  an automated or remotely controlled process.
  671         (3) “Business of outdoor advertising” means the business of
  672  constructing, erecting, operating, using, maintaining, leasing,
  673  or selling outdoor advertising structures, outdoor advertising
  674  signs, or outdoor advertisements.
  675         (4) “Commercial or industrial zone” means a parcel of land
  676  designated for commercial or industrial uses under both the
  677  future land use map of the comprehensive plan and the land use
  678  development regulations adopted pursuant to chapter 163. If a
  679  parcel is located in an area designated for multiple uses on the
  680  future land use map of a comprehensive plan and the zoning
  681  category of the land development regulations does not clearly
  682  designate that parcel for a specific use, the area will be
  683  considered an unzoned commercial or industrial area if it meets
  684  the criteria of subsection (26).
  685         (4)(5) “Commercial use” means activities associated with
  686  the sale, rental, or distribution of products or the performance
  687  of services. The term includes, without limitation, such uses or
  688  activities as retail sales; wholesale sales; rentals of
  689  equipment, goods, or products; offices; restaurants; food
  690  service vendors; sports arenas; theaters; and tourist
  691  attractions.
  692         (5)(6) “Controlled area” means 660 feet or less from the
  693  nearest edge of the right-of-way of any portion of the State
  694  Highway System, interstate, or federal-aid primary system and
  695  beyond 660 feet of the nearest edge of the right-of-way of any
  696  portion of the State Highway System, interstate, or federal-aid
  697  primary system outside an urban area.
  698         (6)(7) “Department” means the Department of Transportation.
  699         (7)(8) “Erect” means to construct, build, raise, assemble,
  700  place, affix, attach, create, paint, draw, or in any other way
  701  bring into being or establish; but it does not include any of
  702  the foregoing activities when performed as an incident to the
  703  change of advertising message or customary maintenance or repair
  704  of a sign.
  705         (8)(9) “Federal-aid primary highway system” means the
  706  federal-aid primary highway system in existence on June 1, 1991,
  707  and any highway that was not a part of such system as of that
  708  date, but that is, or became after June 1, 1991, a part of the
  709  National Highway System, including portions that have been
  710  accepted as part of the National Highway System but are unbuilt
  711  or unopened existing, unbuilt, or unopened system of highways or
  712  portions thereof, which shall include the National Highway
  713  System, designated as the federal-aid primary highway system by
  714  the department.
  715         (9)(10) “Highway” means any road, street, or other way open
  716  or intended to be opened to the public for travel by motor
  717  vehicles.
  718         (10)(11) “Industrial use” means activities associated with
  719  the manufacture, assembly, processing, or storage of products or
  720  the performance of services relating thereto. The term includes,
  721  without limitation, such uses or activities as automobile
  722  manufacturing or repair, boat manufacturing or repair, junk
  723  yards, meat packing facilities, citrus processing and packing
  724  facilities, produce processing and packing facilities,
  725  electrical generating plants, water treatment plants, sewage
  726  treatment plants, and solid waste disposal sites.
  727         (11)(12) “Interstate highway system” means the existing,
  728  unbuilt, or unopened system of highways or portions thereof
  729  designated as the national system of interstate and defense
  730  highways by the department.
  731         (12)(13) “Main-traveled way” means the traveled way of a
  732  highway on which through traffic is carried. In the case of a
  733  divided highway, the traveled way of each of the separate
  734  roadways for traffic in opposite directions is a main-traveled
  735  way. It does not include such facilities as frontage roads,
  736  turning roadways which specifically include on-ramps or off
  737  ramps to the interstate highway system, or parking areas.
  738         (13)(14) “Maintain” means to allow to exist.
  739         (14)(15) “Motorist services directional signs” means signs
  740  providing directional information about goods and services in
  741  the interest of the traveling public where such signs were
  742  lawfully erected and in existence on or before May 6, 1976, and
  743  continue to provide directional information to goods and
  744  services in a defined area.
  745         (15)(16) “New highway” means the construction of any road,
  746  paved or unpaved, where no road previously existed or the act of
  747  paving any previously unpaved road.
  748         (16)(17) “Nonconforming sign” means a sign which was
  749  lawfully erected but which does not comply with the land use,
  750  setback, size, spacing, and lighting provisions of state or
  751  local law, rule, regulation, or ordinance passed at a later date
  752  or a sign which was lawfully erected but which later fails to
  753  comply with state or local law, rule, regulation, or ordinance
  754  due to changed conditions.
  755         (17)(18) “Premises” means all the land areas under
  756  ownership or lease arrangement to the sign owner which are
  757  contiguous to the business conducted on the land except for
  758  instances where such land is a narrow strip contiguous to the
  759  advertised activity or is connected by such narrow strip, the
  760  only viable use of such land is to erect or maintain an
  761  advertising sign. When the sign owner is a municipality or
  762  county, “premises” shall mean all lands owned or leased by such
  763  municipality or county within its jurisdictional boundaries as
  764  set forth by law.
  765         (18)(19) “Remove” means to disassemble all sign materials
  766  above ground level and, transport them from the site, and
  767  dispose of sign materials by sale or destruction.
  768         (19)(20) “Sign” means any combination of structure and
  769  message in the form of an outdoor sign, display, device, figure,
  770  painting, drawing, message, placard, poster, billboard,
  771  advertising structure, advertisement, logo, symbol, or other
  772  form, whether placed individually or on a V-type, back-to-back,
  773  side-to-side, stacked, or double-faced display or automatic
  774  changeable facing, designed, intended, or used to advertise or
  775  inform, any part of the advertising message or informative
  776  contents of which is visible from any place on the main-traveled
  777  way. The term does not include an official traffic control sign,
  778  official marker, or specific information panel erected, caused
  779  to be erected, or approved by the department.
  780         (20)(21) “Sign direction” means that direction from which
  781  the message or informative contents are most visible to oncoming
  782  traffic on the main-traveled way.
  783         (21)(22) “Sign face” means the part of the sign, including
  784  trim and background, which contains the message or informative
  785  contents, including an automatic changeable face.
  786         (22)(23) “Sign facing” includes all sign faces and
  787  automatic changeable faces displayed at the same location and
  788  facing the same direction.
  789         (23)(24) “Sign structure” means all the interrelated parts
  790  and material, such as beams, poles, and stringers, which are
  791  constructed for the purpose of supporting or displaying a
  792  message or informative contents.
  793         (24)(25) “State Highway System” has the same meaning as in
  794  s. 334.03 means the existing, unbuilt, or unopened system of
  795  highways or portions thereof designated as the State Highway
  796  System by the department.
  797         (26) “Unzoned commercial or industrial area” means a parcel
  798  of land designated by the future land use map of the
  799  comprehensive plan for multiple uses that include commercial or
  800  industrial uses but are not specifically designated for
  801  commercial or industrial uses under the land development
  802  regulations, in which three or more separate and distinct
  803  conforming industrial or commercial activities are located.
  804         (a) These activities must satisfy the following criteria:
  805         1. At least one of the commercial or industrial activities
  806  must be located on the same side of the highway and within 800
  807  feet of the sign location;
  808         2. The commercial or industrial activities must be within
  809  660 feet from the nearest edge of the right-of-way; and
  810         3. The commercial industrial activities must be within
  811  1,600 feet of each other.
  812  
  813  Distances specified in this paragraph must be measured from the
  814  nearest outer edge of the primary building or primary building
  815  complex when the individual units of the complex are connected
  816  by covered walkways.
  817         (b) Certain activities, including, but not limited to, the
  818  following, may not be so recognized as commercial or industrial
  819  activities:
  820         1. Signs.
  821         2. Agricultural, forestry, ranching, grazing, farming, and
  822  related activities, including, but not limited to, wayside fresh
  823  produce stands.
  824         3. Transient or temporary activities.
  825         4. Activities not visible from the main-traveled way.
  826         5. Activities conducted more than 660 feet from the nearest
  827  edge of the right-of-way.
  828         6. Activities conducted in a building principally used as a
  829  residence.
  830         7. Railroad tracks and minor sidings.
  831         8. Communication towers.
  832         (25)(27) “Urban area” has the same meaning as defined in s.
  833  334.03(31).
  834         (26)(28) “Visible commercial or industrial activity” means
  835  a commercial or industrial activity that is capable of being
  836  seen without visual aid by a person of normal visual acuity from
  837  the main-traveled way and that is generally recognizable as
  838  commercial or industrial.
  839         (27)(29) “Visible sign” means that the advertising message
  840  or informative contents of a sign, whether or not legible, is
  841  capable of being seen without visual aid by a person of normal
  842  visual acuity.
  843         (28)(30) “Wall mural” means a sign that is a painting or an
  844  artistic work composed of photographs or arrangements of color
  845  and that displays a commercial or noncommercial message, relies
  846  solely on the side of the building for rigid structural support,
  847  and is painted on the building or depicted on vinyl, fabric, or
  848  other similarly flexible material that is held in place flush or
  849  flat against the surface of the building. The term excludes a
  850  painting or work placed on a structure that is erected for the
  851  sole or primary purpose of signage.
  852         (29)(31) “Zoning category” means the designation under the
  853  land development regulations or other similar ordinance enacted
  854  to regulate the use of land as provided in s. 163.3202(2)(b),
  855  which designation sets forth the allowable uses, restrictions,
  856  and limitations on use applicable to properties within the
  857  category.
  858         Section 6. Section 479.02, Florida Statutes, is amended to
  859  read:
  860         479.02 Duties of the department.—It shall be the duty of
  861  The department shall to:
  862         (1) Administer and enforce the provisions of this chapter,
  863  and the 1972 agreement between the state and the United States
  864  Department of Transportation, relating to the size, lighting,
  865  and spacing of signs in accordance with Title I of the Highway
  866  Beautification Act of 1965 and Title 23, United States Code, and
  867  federal regulations, including, but not limited to, those
  868  pertaining to the maintenance, continuance, and removal of
  869  nonconforming signs in effect as of the effective date of this
  870  act.
  871         (2) Regulate size, height, lighting, and spacing of signs
  872  permitted on commercial and industrial parcels and in unzoned
  873  commercial or industrial areas in zoned and unzoned commercial
  874  areas and zoned and unzoned industrial areas on the interstate
  875  highway system and the federal-aid primary highway system.
  876         (3) Determine unzoned commercial and industrial parcels and
  877  unzoned commercial or areas and unzoned industrial areas in the
  878  manner provided in s. 479.024.
  879         (4) Implement a specific information panel program on the
  880  limited access interstate highway system to promote tourist
  881  oriented businesses by providing directional information safely
  882  and aesthetically.
  883         (5) Implement a rest area information panel or devices
  884  program at rest areas along the interstate highway system and
  885  the federal-aid primary highway system to promote tourist
  886  oriented businesses.
  887         (6) Test and, if economically feasible, implement
  888  alternative methods of providing information in the specific
  889  interest of the traveling public which allow the traveling
  890  public freedom of choice, conserve natural beauty, and present
  891  information safely and aesthetically.
  892         (7) Adopt such rules as it deems necessary or proper for
  893  the administration of this chapter, including rules that which
  894  identify activities that may not be recognized as industrial or
  895  commercial activities for purposes of determination of a an area
  896  as an unzoned commercial or industrial parcel or an unzoned
  897  commercial or industrial area in the manner provided in s.
  898  479.024.
  899         (8) Prior to July 1, 1998, Inventory and determine the
  900  location of all signs on the state, interstate and federal-aid
  901  primary highway systems to be used as. Upon completion of the
  902  inventory, it shall become the database and permit information
  903  for all permitted signs permitted at the time of completion, and
  904  the previous records of the department shall be amended
  905  accordingly. The inventory shall be updated no less than every 2
  906  years. The department shall adopt rules regarding what
  907  information is to be collected and preserved to implement the
  908  purposes of this chapter. The department may perform the
  909  inventory using department staff, or may contract with a private
  910  firm to perform the work, whichever is more cost efficient. The
  911  department shall maintain a database of sign inventory
  912  information such as sign location, size, height, and structure
  913  type, the permitholder’s name, and any other information the
  914  department finds necessary to administer the program.
  915         Section 7. Section 479.024, Florida Statutes, is created to
  916  read:
  917         479.024 Commercial and industrial parcels.—Signs shall only
  918  be permitted by the department in commercial or industrial
  919  zones, as determined by the local government, in compliance with
  920  chapter 163, unless otherwise provided in this chapter.
  921         (1) As used in this section, the term:
  922         (a) “Parcel” means the property where the sign is located
  923  or is proposed to be located.
  924         (b) “Utilities” includes all privately, publicly, or
  925  cooperatively owned lines, facilities, and systems for
  926  producing, transmitting, or distributing communications, power,
  927  electricity, light, heat, gas, oil, crude products, water,
  928  steam, waste, and stormwater not connected with the highway
  929  drainage, and other similar commodities.
  930         (2) The determination as to zoning by the local government
  931  for the parcel must meet the following criteria:
  932         (a) The parcel is comprehensively zoned and includes
  933  commercial or industrial uses as allowable uses.
  934         (b) The parcel can reasonably accommodate a commercial or
  935  industrial use under the future land use map of the
  936  comprehensive plan and land use development regulations, as
  937  follows:
  938         1. Sufficient utilities are available to support commercial
  939  or industrial development.
  940         2. The size, configuration, and public access of the parcel
  941  are sufficient to accommodate a commercial or industrial use,
  942  given requirements in the comprehensive plan and land
  943  development regulations for vehicular access, on-site
  944  circulation, building setbacks, buffering, parking, and other
  945  applicable standards or the parcel consists of railroad tracks
  946  or minor sidings abutting commercial or industrial property that
  947  meets the criteria of this subsection.
  948         (c) The parcel is not being used exclusively for
  949  noncommercial or nonindustrial uses.
  950         (3) If a local government has not designated zoning through
  951  land development regulations in compliance with chapter 163, but
  952  has designated the parcel under the future land use map of the
  953  comprehensive plan for uses that include commercial or
  954  industrial uses, the parcel shall be considered an unzoned
  955  commercial or industrial area. For a permit to be issued for a
  956  sign in an unzoned commercial or industrial area, there must be
  957  three or more distinct commercial or industrial activities
  958  within 1,600 feet of each other, with at least one of the
  959  commercial or industrial activities located on the same side of
  960  the highway as the sign location, and within 800 feet of the
  961  sign location. Multiple commercial or industrial activities
  962  enclosed in one building when all uses have only shared building
  963  entrances shall be considered one use.
  964         (4) For purposes of this section, certain uses and
  965  activities may not be independently recognized as commercial or
  966  industrial, including, but not limited to:
  967         (a)Signs.
  968         (b) Agricultural, forestry, ranching, grazing, farming, and
  969  related activities, including, but not limited to, wayside fresh
  970  produce stands.
  971         (c) Transient or temporary activities.
  972         (d) Activities not visible from the main-traveled way,
  973  unless a department transportation facility is the only cause
  974  for the activity not being visible.
  975         (e) Activities conducted more than 660 feet from the
  976  nearest edge of the right-of-way.
  977         (f) Activities conducted in a building principally used as
  978  a residence.
  979         (g) Railroad tracks and minor sidings, unless such use is
  980  immediately abutted by commercial or industrial property that
  981  meets the criteria in subsection (2).
  982         (h)Communication towers.
  983         (i) Governmental uses, unless those governmental uses would
  984  be industrial in nature if privately owned and operated. Such
  985  industrial uses must be the present and actual use, not merely
  986  be among the allowed uses.
  987         (5) If the local government has indicated that the proposed
  988  sign location is on a parcel that is in a commercial or
  989  industrial zone, but the department finds that it is not, the
  990  department shall notify the sign applicant in writing of its
  991  determination.
  992         (6) An applicant whose application for a permit is denied
  993  may, within 30 days after the receipt of the notification of
  994  intent to deny, request an administrative hearing pursuant to
  995  chapter 120 for a determination of whether the parcel is located
  996  in a commercial or industrial zone. Upon receipt of such
  997  request, the department shall notify the local government that
  998  the applicant has requested an administrative hearing pursuant
  999  to chapter 120.
 1000         (7) If the department in a final order determines that the
 1001  parcel does not meet the permitting conditions in this section
 1002  and a sign structure exists on the parcel, the applicant shall
 1003  remove the sign within 30 days after the date of the order and
 1004  is responsible for all sign removal costs.
 1005         (8) If the Federal Highway Administration reduces funds
 1006  that would otherwise be apportioned to the department due to a
 1007  local government’s failure to be compliant with this section,
 1008  the department shall reduce apportioned transportation funding
 1009  to the local government by an equivalent amount.
 1010         Section 8. Section 479.03, Florida Statutes, is amended to
 1011  read:
 1012         479.03 Jurisdiction of the Department of Transportation;
 1013  entry upon privately owned lands.—The territory under the
 1014  jurisdiction of the department for the purpose of this chapter
 1015  shall include all the state. Employees, agents, or independent
 1016  contractors working for the department, in the performance of
 1017  their functions and duties under the provisions of this chapter,
 1018  may enter into and upon any land upon which a sign is displayed,
 1019  is proposed to be erected, or is being erected and make such
 1020  inspections, surveys, and removals as may be relevant. Upon
 1021  written notice to After receiving consent by the landowner,
 1022  operator, or person in charge of an intervening privately owned
 1023  land that or appropriate inspection warrant issued by a judge of
 1024  any county court or circuit court of this state which has
 1025  jurisdiction of the place or thing to be removed, that the
 1026  removal of an illegal outdoor advertising sign is necessary and
 1027  has been authorized by a final order or results from an
 1028  uncontested notice to the sign owner, the department may shall
 1029  be authorized to enter upon any intervening privately owned
 1030  lands for the purposes of effectuating removal of illegal signs,
 1031  provided that the department shall only do so in circumstances
 1032  where it has determined that no other legal or economically
 1033  feasible means of entry to the sign site are reasonably
 1034  available. Except as otherwise provided by this chapter, the
 1035  department shall be responsible for the repair or replacement in
 1036  a like manner for any physical damage or destruction of private
 1037  property, other than the sign, incidental to the department’s
 1038  entry upon such intervening privately owned lands.
 1039         Section 9. Section 479.04, Florida Statutes, is amended to
 1040  read:
 1041         479.04 Business of outdoor advertising; license
 1042  requirement; renewal; fees.—
 1043         (1) A No person may not shall engage in the business of
 1044  outdoor advertising in this state without first obtaining a
 1045  license therefor from the department. Such license shall be
 1046  renewed annually. The fee for such license, and for each annual
 1047  renewal, is $300. License renewal fees shall be payable as
 1048  provided for in s. 479.07.
 1049         (2) A No person is not shall be required to obtain the
 1050  license provided for in this section solely to erect or
 1051  construct outdoor advertising signs or structures as an
 1052  incidental part of a building construction contract.
 1053         Section 10. Section 479.05, Florida Statutes, is amended to
 1054  read:
 1055         479.05 Denial, suspension, or revocation of license.—The
 1056  department may has authority to deny, suspend, or revoke any
 1057  license requested or granted under this chapter in any case in
 1058  which it determines that the application for the license
 1059  contains knowingly false or misleading information of material
 1060  consequence, that the licensee has failed to pay fees or costs
 1061  owed to the department for outdoor advertising purposes, or that
 1062  the licensee has violated any of the provisions of this chapter,
 1063  unless such licensee, within 30 days after the receipt of notice
 1064  by the department, corrects such false or misleading
 1065  information, pays the outstanding amounts, or complies with the
 1066  provisions of this chapter. Suspension of a license allows the
 1067  licensee to maintain existing sign permits, but the department
 1068  may not grant a transfer of an existing permit or issue an
 1069  additional permit to a licensee with a suspended license. Any
 1070  person aggrieved by an any action of the department which
 1071  denies, suspends, or revokes in denying or revoking a license
 1072  under this chapter may, within 30 days after from the receipt of
 1073  the notice, apply to the department for an administrative
 1074  hearing pursuant to chapter 120.
 1075         Section 11. Section 479.07, Florida Statutes, is amended to
 1076  read:
 1077         479.07 Sign permits.—
 1078         (1) Except as provided in ss. 479.105(1) 479.105(1)(e) and
 1079  479.16, a person may not erect, operate, use, or maintain, or
 1080  cause to be erected, operated, used, or maintained, any sign on
 1081  the State Highway System outside an urban area, as defined in s.
 1082  334.03(31), or on any portion of the interstate or federal-aid
 1083  primary highway system without first obtaining a permit for the
 1084  sign from the department and paying the annual fee as provided
 1085  in this section. As used in this section, the term “on any
 1086  portion of the State Highway System, interstate, or federal-aid
 1087  primary system” means a sign located within the controlled area
 1088  which is visible from any portion of the main-traveled way of
 1089  such system.
 1090         (2) A person may not apply for a permit unless he or she
 1091  has first obtained the Written permission of the owner or other
 1092  person in lawful possession or control of the site designated as
 1093  the location of the sign is required for issuance of a in the
 1094  application for the permit.
 1095         (3)(a) An application for a sign permit must be made on a
 1096  form prescribed by the department, and a separate application
 1097  must be submitted for each permit requested. A permit is
 1098  required for each sign facing.
 1099         (b) As part of the application, the applicant or his or her
 1100  authorized representative must certify in a notarized signed
 1101  statement that all information provided in the application is
 1102  true and correct and that, pursuant to subsection (2), he or she
 1103  has obtained the written permission of the owner or other person
 1104  in lawful possession of the site designated as the location of
 1105  the sign in the permit application. Every permit application
 1106  must be accompanied by the appropriate permit fee,; a signed
 1107  statement by the owner or other person in lawful control of the
 1108  site on which the sign is located or will be erected,
 1109  authorizing the placement of the sign on that site,; and, where
 1110  local governmental regulation of signs exists, a statement from
 1111  the appropriate local governmental official indicating that the
 1112  sign complies with all local government governmental
 1113  requirements and, if a local government permit is required for a
 1114  sign, that the agency or unit of local government will issue a
 1115  permit to that applicant upon approval of the state permit
 1116  application by the department.
 1117         (c) The annual permit fee for each sign facing shall be
 1118  established by the department by rule in an amount sufficient to
 1119  offset the total cost to the department for the program, but
 1120  shall not exceed $100. The A fee may not be prorated for a
 1121  period less than the remainder of the permit year to accommodate
 1122  short-term publicity features; however, a first-year fee may be
 1123  prorated by payment of an amount equal to one-fourth of the
 1124  annual fee for each remaining whole quarter or partial quarter
 1125  of the permit year. Applications received after the end of the
 1126  third quarter of the permit year must include fees for the last
 1127  quarter of the current year and fees for the succeeding year. A
 1128  nonrefundable application fee of $25 must accompany each permit
 1129  application.
 1130         (4) An application for a permit shall be acted on by
 1131  granting, denying, or returning the incomplete application the
 1132  department within 30 days after receipt of the application by
 1133  the department.
 1134         (5)(a) For each permit issued, the department shall furnish
 1135  to the applicant a serially numbered permanent metal permit tag.
 1136  The permittee is responsible for maintaining a valid permit tag
 1137  on each permitted sign facing at all times. The tag shall be
 1138  securely attached to the upper 50 percent of the sign structure
 1139  sign facing or, if there is no facing, on the pole nearest the
 1140  highway; and it shall be attached in such a manner as to be
 1141  plainly visible from the main-traveled way. Effective July 1,
 1142  2012, the tag must be securely attached to the upper 50 percent
 1143  of the pole nearest the highway and must be attached in such a
 1144  manner as to be plainly visible from the main-traveled way. The
 1145  permit becomes void unless the permit tag must be is properly
 1146  and permanently displayed at the permitted site within 30 days
 1147  after the date of permit issuance. If the permittee fails to
 1148  erect a completed sign on the permitted site within 270 days
 1149  after the date on which the permit was issued, the permit will
 1150  be void, and the department may not issue a new permit to that
 1151  permittee for the same location for 270 days after the date on
 1152  which the permit became void.
 1153         (b) If a permit tag is lost, stolen, or destroyed, the
 1154  permittee to whom the tag was issued must apply to the
 1155  department for a replacement tag. The department shall adopt a
 1156  rule establishing a service fee for replacement tags in an
 1157  amount that will recover the actual cost of providing the
 1158  replacement tag. Upon receipt of the application accompanied by
 1159  the service fee, the department shall issue a replacement permit
 1160  tag. Alternatively, the permittee may provide its own
 1161  replacement tag pursuant to department specifications that the
 1162  department shall adopt by rule at the time it establishes the
 1163  service fee for replacement tags.
 1164         (6) A permit is valid only for the location specified in
 1165  the permit. Valid permits may be transferred from one sign owner
 1166  to another upon written acknowledgment from the current
 1167  permittee and submittal of a transfer fee of $5 for each permit
 1168  to be transferred. However, the maximum transfer fee for any
 1169  multiple transfer between two outdoor advertisers in a single
 1170  transaction is $1,000 $100.
 1171         (7) A permittee shall at all times maintain the permission
 1172  of the owner or other person in lawful control of the sign site
 1173  to have and maintain a sign at such site.
 1174         (8)(a) In order to reduce peak workloads, the department
 1175  may adopt rules providing for staggered expiration dates for
 1176  licenses and permits. Unless otherwise provided for by rule, all
 1177  licenses and permits expire annually on January 15. All license
 1178  and permit renewal fees are required to be submitted to the
 1179  department by no later than the expiration date. At least 105
 1180  days before prior to the expiration date of licenses and
 1181  permits, the department shall send to each permittee a notice of
 1182  fees due for all licenses and permits that which were issued to
 1183  him or her before prior to the date of the notice. Such notice
 1184  shall list the permits and the permit fees due for each sign
 1185  facing. The permittee shall, no later than 45 days before prior
 1186  to the expiration date, advise the department of any additions,
 1187  deletions, or errors contained in the notice. Permit tags which
 1188  are not renewed shall be returned to the department for
 1189  cancellation by the expiration date. Permits which are not
 1190  renewed or are canceled shall be certified in writing at that
 1191  time as canceled or not renewed by the permittee, and permit
 1192  tags for such permits shall be returned to the department or
 1193  shall be accounted for by the permittee in writing, which
 1194  writing shall be submitted with the renewal fee payment or the
 1195  cancellation certification. However, failure of a permittee to
 1196  submit a permit cancellation does shall not affect the
 1197  nonrenewal of a permit. Before Prior to cancellation of a
 1198  permit, the permittee shall provide written notice to all
 1199  persons or entities having a right to advertise on the sign that
 1200  the permittee intends to cancel the permit.
 1201         (b) If a permittee has not submitted his or her fee payment
 1202  by the expiration date of the licenses or permits, the
 1203  department shall send a notice of violation to the permittee
 1204  within 45 days after the expiration date, requiring the payment
 1205  of the permit fee within 30 days after the date of the notice
 1206  and payment of a delinquency fee equal to 10 percent of the
 1207  original amount due or, in the alternative to these payments,
 1208  requiring the filing of a request for an administrative hearing
 1209  to show cause why the his or her sign should not be subject to
 1210  immediate removal due to expiration of his or her license or
 1211  permit. If the permittee submits payment as required by the
 1212  violation notice, the his or her license or permit will be
 1213  automatically reinstated and such reinstatement will be
 1214  retroactive to the original expiration date. If the permittee
 1215  does not respond to the notice of violation within the 30-day
 1216  period, the department shall, within 30 days, issue a final
 1217  notice of sign removal and may, following 90 days after the date
 1218  of the department’s final notice of sign removal, remove the
 1219  sign without incurring any liability as a result of such
 1220  removal. However, if at any time before removal of the sign, the
 1221  permittee demonstrates that a good faith error on the part of
 1222  the permittee resulted in cancellation or nonrenewal of the
 1223  permit, the department may reinstate the permit if:
 1224         1. The permit reinstatement fee of up to $300 based on the
 1225  size of the sign is paid;
 1226         2. All other permit renewal and delinquent permit fees due
 1227  as of the reinstatement date are paid; and
 1228         3. The permittee reimburses the department for all actual
 1229  costs resulting from the permit cancellation or nonrenewal.
 1230         (c) Conflicting applications filed by other persons for the
 1231  same or competing sites covered by a permit subject to paragraph
 1232  (b) may not be approved until after the sign subject to the
 1233  expired permit has been removed.
 1234         (d) The cost for removing a sign, whether by the department
 1235  or an independent contractor, shall be assessed by the
 1236  department against the permittee.
 1237         (9)(a) A permit may shall not be granted for any sign for
 1238  which a permit had not been granted by the effective date of
 1239  this act unless such sign is located at least:
 1240         1. One thousand five hundred feet from any other permitted
 1241  sign on the same side of the highway, if on an interstate
 1242  highway.
 1243         2. One thousand feet from any other permitted sign on the
 1244  same side of the highway, if on a federal-aid primary highway.
 1245  
 1246  The minimum spacing provided in this paragraph does not preclude
 1247  the permitting of V-type, back-to-back, side-to-side, stacked,
 1248  or double-faced signs at the permitted sign site. If a sign is
 1249  visible to more than one highway subject to the jurisdiction of
 1250  the department and within the controlled area of the highways
 1251  from the controlled area of more than one highway subject to the
 1252  jurisdiction of the department, the sign must shall meet the
 1253  permitting requirements of all highways, and, if the sign meets
 1254  the applicable permitting requirements, be permitted to, the
 1255  highway having the more stringent permitting requirements.
 1256         (b) A permit may shall not be granted for a sign pursuant
 1257  to this chapter to locate such sign on any portion of the
 1258  interstate or federal-aid primary highway system, which sign:
 1259         1. Exceeds 50 feet in sign structure height above the crown
 1260  of the main-traveled way to which the sign is permitted, if
 1261  outside an incorporated area;
 1262         2. Exceeds 65 feet in sign structure height above the crown
 1263  of the main-traveled way to which the sign is permitted, if
 1264  inside an incorporated area; or
 1265         3. Exceeds 950 square feet of sign facing including all
 1266  embellishments.
 1267         (c) Notwithstanding subparagraph (a)1., there is
 1268  established a pilot program in Orange, Hillsborough, and Osceola
 1269  Counties, and within the boundaries of the City of Miami, under
 1270  which the distance between permitted signs on the same side of
 1271  an interstate highway may be reduced to 1,000 feet if all other
 1272  requirements of this chapter are met and if:
 1273         1. The local government has adopted a plan, program,
 1274  resolution, ordinance, or other policy encouraging the voluntary
 1275  removal of signs in a downtown, historic, redevelopment, infill,
 1276  or other designated area which also provides for a new or
 1277  replacement sign to be erected on an interstate highway within
 1278  that jurisdiction if a sign in the designated area is removed;
 1279         2. The sign owner and the local government mutually agree
 1280  to the terms of the removal and replacement; and
 1281         3. The local government notifies the department of its
 1282  intention to allow such removal and replacement as agreed upon
 1283  pursuant to subparagraph 2.
 1284         4. The new or replacement sign to be erected on an
 1285  interstate highway within that jurisdiction is to be located on
 1286  a parcel of land specifically designated for commercial or
 1287  industrial use under both the future land use map of the
 1288  comprehensive plan and the land use development regulations
 1289  adopted pursuant to chapter 163, and such parcel shall not be
 1290  subject to an evaluation in accordance with the criteria set
 1291  forth in s. 479.01(26) to determine if the parcel can be
 1292  considered an unzoned commercial or industrial area.
 1293  
 1294  The department shall maintain statistics tracking the use of the
 1295  provisions of this pilot program based on the notifications
 1296  received by the department from local governments under this
 1297  paragraph.
 1298         (d) This subsection does not cause a sign that was
 1299  conforming on October 1, 1984, to become nonconforming.
 1300         (10) Commercial or industrial zoning that which is not
 1301  comprehensively enacted or that which is enacted primarily to
 1302  permit signs may shall not be recognized as commercial or
 1303  industrial zoning for purposes of this provision, and permits
 1304  may shall not be issued for signs in such areas. The department
 1305  shall adopt rules that within 180 days after this act takes
 1306  effect which shall provide criteria to determine whether such
 1307  zoning is comprehensively enacted or enacted primarily to permit
 1308  signs.
 1309         Section 12. Section 479.08, Florida Statutes, is amended to
 1310  read:
 1311         479.08 Denial or revocation of permit.—The department may
 1312  deny or revoke any permit requested or granted under this
 1313  chapter in any case in which it determines that the application
 1314  for the permit contains knowingly false or misleading
 1315  information of material consequence. The department may revoke
 1316  any permit granted under this chapter in any case in which the
 1317  permittee has violated any of the provisions of this chapter,
 1318  unless such permittee, within 30 days after the receipt of
 1319  notice by the department, complies with the provisions of this
 1320  chapter. For the purpose of this section, the notice of
 1321  violation issued by the department must describe in detail the
 1322  alleged violation. Any person aggrieved by any action of the
 1323  department in denying or revoking a permit under this chapter
 1324  may, within 30 days after receipt of the notice, apply to the
 1325  department for an administrative hearing pursuant to chapter
 1326  120. If a timely request for hearing has been filed and the
 1327  department issues a final order revoking a permit, such
 1328  revocation shall be effective 30 days after the date of
 1329  rendition. Except for department action pursuant to s.
 1330  479.107(1), the filing of a timely and proper notice of appeal
 1331  shall operate to stay the revocation until the department’s
 1332  action is upheld.
 1333         Section 13. Section 479.10, Florida Statutes, is amended to
 1334  read:
 1335         479.10 Sign removal following permit revocation or
 1336  cancellation.—A sign shall be removed by the permittee within 30
 1337  days after the date of revocation or cancellation of the permit
 1338  for the sign. If the permittee fails to remove the sign within
 1339  the 30-day period, the department shall remove the sign at the
 1340  permittee’s expense with or without further notice and without
 1341  incurring any liability as a result of such removal.
 1342         Section 14. Section 479.105, Florida Statutes, is amended
 1343  to read:
 1344         479.105 Signs erected or maintained without required
 1345  permit; removal.—
 1346         (1) Any sign which is located adjacent to the right-of-way
 1347  of any highway on the State Highway System outside an
 1348  incorporated area or adjacent to the right-of-way on any portion
 1349  of the interstate or federal-aid primary highway system, which
 1350  sign was erected, operated, or maintained without the permit
 1351  required by s. 479.07(1) having been issued by the department,
 1352  is declared to be a public nuisance and a private nuisance and
 1353  shall be removed as provided in this section.
 1354         (a) Upon a determination by the department that a sign is
 1355  in violation of s. 479.07(1), the department shall prominently
 1356  post on the sign, or as close to the sign as possible for those
 1357  locations where the sign is not easily accessible, face a notice
 1358  stating that the sign is illegal and must be removed within 30
 1359  days after the date on which the notice was posted. However, if
 1360  the sign bears the name of the licensee or the name and address
 1361  of the nonlicensed sign owner, The department shall,
 1362  concurrently with and in addition to posting the notice on the
 1363  sign, provide a written notice to the owner of the sign, the
 1364  advertiser displayed on the sign, or the owner of the property,
 1365  stating that the sign is illegal and must be permanently removed
 1366  within the 30-day period specified on the posted notice. The
 1367  written notice shall further state that a hearing may be
 1368  requested, the sign owner has a right to request a hearing,
 1369  which request must be filed with the department within 30 days
 1370  after receipt the date of the written notice. However, the
 1371  filing of a request for a hearing will not stay the removal of
 1372  the sign.
 1373         (b) If, pursuant to the notice provided, the sign is not
 1374  removed by the sign owner of the sign, the advertiser displayed
 1375  on the sign, or the owner of the property within the prescribed
 1376  period, the department shall immediately remove the sign without
 1377  further notice; and, for that purpose, the employees, agents, or
 1378  independent contractors of the department may enter upon private
 1379  property without incurring any liability for so entering.
 1380         (c) However, the department may issue a permit for a sign,
 1381  as a conforming or nonconforming sign, if the sign owner
 1382  demonstrates to the department one of the following:
 1383         1. If the sign meets the current requirements of this
 1384  chapter for a sign permit, the sign owner may submit the
 1385  required application package and receive a permit as a
 1386  conforming sign, upon payment of all applicable fees.
 1387         2.If the sign does not meet the current requirements of
 1388  this chapter for a sign permit, and has never been exempt from
 1389  the requirement that a permit be obtained pursuant to s. 479.16,
 1390  the sign owner may receive a permit as a nonconforming sign if
 1391  the department determines that the sign is not located on a
 1392  state right-of-way and is not a safety hazard, and if the sign
 1393  owner pays a penalty fee of $300 and all pertinent fees required
 1394  by this chapter, including annual permit renewal fees payable
 1395  since the date of the erection of the sign, and attaches to the
 1396  permit application package documentation that demonstrates that:
 1397         a. The sign has been unpermitted, structurally unchanged,
 1398  and continuously maintained at the same location for a period of
 1399  7 years or more;
 1400         b. During the initial 7 years in which the sign has been
 1401  subject to the jurisdiction of the department, the sign would
 1402  have met the criteria established in this chapter which were in
 1403  effect at that time for issuance of a permit; and
 1404         c. The department has not initiated a notice of violation
 1405  or taken other action to remove the sign during the initial 7
 1406  year period in which the sign has been subject to the
 1407  jurisdiction of the department.
 1408         (d) This subsection does not cause a neighboring sign that
 1409  is permitted and that is within the spacing requirements in s.
 1410  479.07(9)(a) to become nonconforming.
 1411         (e)(c) For purposes of this subsection, a notice to the
 1412  sign owner, when required, constitutes sufficient notice; and
 1413  notice is not required to be provided to the lessee, advertiser,
 1414  or the owner of the real property on which the sign is located.
 1415         (f)(d) If, after a hearing, it is determined that a sign
 1416  has been wrongfully or erroneously removed pursuant to this
 1417  subsection, the department, at the sign owner’s discretion,
 1418  shall either pay just compensation to the owner of the sign or
 1419  reerect the sign in kind at the expense of the department.
 1420         (e) However, if the sign owner demonstrates to the
 1421  department that:
 1422         1. The sign has been unpermitted, structurally unchanged,
 1423  and continuously maintained at the same location for a period of
 1424  7 years or more;
 1425         2. At any time during the period in which the sign has been
 1426  erected, the sign would have met the criteria established in
 1427  this chapter for issuance of a permit;
 1428         3. The department has not initiated a notice of violation
 1429  or taken other action to remove the sign during the initial 7
 1430  year period described in subparagraph 1.; and
 1431         4. The department determines that the sign is not located
 1432  on state right-of-way and is not a safety hazard,
 1433  
 1434  the sign may be considered a conforming or nonconforming sign
 1435  and may be issued a permit by the department upon application in
 1436  accordance with this chapter and payment of a penalty fee of
 1437  $300 and all pertinent fees required by this chapter, including
 1438  annual permit renewal fees payable since the date of the
 1439  erection of the sign.
 1440         (2)(a) If a sign is under construction and the department
 1441  determines that a permit has not been issued for the sign as
 1442  required under the provisions of this chapter, the department is
 1443  authorized to require that all work on the sign cease until the
 1444  sign owner shows that the sign does not violate the provisions
 1445  of this chapter. The order to cease work shall be prominently
 1446  posted on the sign structure, and no further notice is required
 1447  to be given. The failure of a sign owner or her or his agents to
 1448  immediately comply with the order shall subject the sign to
 1449  prompt removal by the department.
 1450         (b) For the purposes of this subsection only, a sign is
 1451  under construction when it is in any phase of initial
 1452  construction prior to the attachment and display of the
 1453  advertising message in final position for viewing by the
 1454  traveling public. A sign that is undergoing routine maintenance
 1455  or change of the advertising message only is not considered to
 1456  be under construction for the purposes of this subsection.
 1457         (3) The cost of removing a sign, whether by the department
 1458  or an independent contractor, shall be assessed against the
 1459  owner of the sign by the department.
 1460         Section 15. Subsections (5) and (7) of section 479.106,
 1461  Florida Statutes, are amended to read:
 1462         479.106 Vegetation management.—
 1463         (5) The department may only grant a permit pursuant to s.
 1464  479.07 for a new sign which requires the removal, cutting, or
 1465  trimming of existing trees or vegetation on public right-of-way
 1466  for the sign face to be visible from the highway when the sign
 1467  owner has removed at least two nonconforming signs of
 1468  approximate comparable size and surrendered the permits for the
 1469  nonconforming signs to the department for cancellation. For
 1470  signs originally permitted after July 1, 1996, the first
 1471  application, or application for a change of view zone, no permit
 1472  for the removal, cutting, or trimming of trees or vegetation
 1473  shall require, in addition to mitigation or contribution to a
 1474  plan of mitigation, the removal of two nonconforming signs. No
 1475  permits for the removal, cutting, or trimming of trees may be
 1476  granted for signs permitted after July 1, 1996 be granted where
 1477  such trees or vegetation are part of a beautification project
 1478  implemented before prior to the date of the original sign permit
 1479  application, when the beautification project is specifically
 1480  identified in the department’s construction plans, permitted
 1481  landscape projects, or agreements.
 1482         (7) Any person engaging in removal, cutting, or trimming of
 1483  trees or vegetation in violation of this section or benefiting
 1484  from such actions shall be subject to an administrative penalty
 1485  of up to $1,000 per sign facing and required to mitigate for the
 1486  unauthorized removal, cutting, or trimming in such manner and in
 1487  such amount as may be required under the rules of the
 1488  department. If such actions are determined by the department to
 1489  have been taken with willful intent, such person shall be
 1490  subject to an administrative penalty of $1,000 for each tree
 1491  removed, cut, or trimmed in violation of this section. A person
 1492  aggrieved by an action of the department levying or imposing an
 1493  administrative penalty under this section may, within 30 days
 1494  after receipt of the notice of administrative penalty, request
 1495  an administrative hearing pursuant to chapter 120. If a timely
 1496  request for a hearing has been filed and the department issues a
 1497  final order imposing the administrative penalty, the penalty
 1498  shall become effective 30 days after the date it was issued. The
 1499  timely filing of a proper notice of appeal stays the imposition
 1500  of the administrative penalty until the department’s action is
 1501  upheld.
 1502         Section 16. Subsection (5) of section 479.107, Florida
 1503  Statutes, is amended to read:
 1504         479.107 Signs on highway rights-of-way; removal.—
 1505         (5) The cost of removing a sign, whether by the department
 1506  or an independent contractor, shall be assessed by the
 1507  department against the owner of the sign. Furthermore, the
 1508  department shall assess a fine of $75 against the sign owner for
 1509  any sign which violates the requirements of this section.
 1510         Section 17. Section 479.111, Florida Statutes, is amended
 1511  to read:
 1512         479.111 Specified signs allowed within controlled portions
 1513  of the interstate and federal-aid primary highway system.—Only
 1514  the following signs shall be allowed within controlled portions
 1515  of the interstate highway system and the federal-aid primary
 1516  highway system as set forth in s. 479.11(1) and (2):
 1517         (1) Directional or other official signs and notices which
 1518  conform to 23 C.F.R. ss. 750.151-750.155.
 1519         (2) Signs in commercial-zoned and industrial-zoned areas or
 1520  commercial-unzoned and industrial-unzoned areas and within 660
 1521  feet of the nearest edge of the right-of-way, subject to the
 1522  requirements set forth in the 1972 agreement between the state
 1523  and the United States Department of Transportation.
 1524         (3) Signs for which permits are not required under s.
 1525  479.16.
 1526         Section 18. Section 479.15, Florida Statutes, is amended to
 1527  read:
 1528         479.15 Harmony of regulations.—
 1529         (1) No zoning board or commission or other public officer
 1530  or agency shall issue a permit to erect any sign which is
 1531  prohibited under the provisions of this chapter or the rules of
 1532  the department, nor shall the department issue a permit for any
 1533  sign which is prohibited by any other public board, officer, or
 1534  agency in the lawful exercise of its powers.
 1535         (2) A municipality, county, local zoning authority, or
 1536  other local governmental entity may not remove, or cause to be
 1537  removed, any lawfully erected sign along any portion of the
 1538  interstate or federal-aid primary highway system without first
 1539  paying just compensation for such removal. A local governmental
 1540  entity may not cause in any way the alteration of any lawfully
 1541  erected sign located along any portion of the interstate or
 1542  federal-aid primary highway system without payment of just
 1543  compensation if such alteration constitutes a taking under state
 1544  law. The municipality, county, local zoning authority, or other
 1545  local government entity that adopts requirements for such
 1546  alteration shall pay just compensation to the sign owner if such
 1547  alteration constitutes a taking under state law. This subsection
 1548  applies only to a lawfully erected sign the subject matter of
 1549  which relates to premises other than the premises on which it is
 1550  located or to merchandise, services, activities, or
 1551  entertainment not sold, produced, manufactured, or furnished on
 1552  the premises on which the sign is located. As used in this
 1553  subsection, the term “federal-aid primary highway system” means
 1554  the federal-aid primary highway system in existence on June 1,
 1555  1991, and any highway that was not a part of such system as of
 1556  that date but that is or becomes after June 1, 1991, a part of
 1557  the National Highway System. This subsection shall not be
 1558  interpreted as explicit or implicit legislative recognition that
 1559  alterations do or do not constitute a taking under state law.
 1560         (3) It is the express intent of the Legislature to limit
 1561  the state right-of-way acquisition costs on state and federal
 1562  roads in eminent domain proceedings, the provisions of ss.
 1563  479.07 and 479.155 notwithstanding. Subject to approval by the
 1564  Federal Highway Administration, whenever public acquisition of
 1565  land upon which is situated a lawful permitted nonconforming
 1566  sign occurs, as provided in this chapter, the sign may, at the
 1567  election of its owner and the department, be relocated or
 1568  reconstructed adjacent to the new right-of-way and in close
 1569  proximity to the current site along the roadway within 100 feet
 1570  of the current location, provided the nonconforming sign is not
 1571  relocated in an area inconsistent with s. 479.024 on a parcel
 1572  zoned residential, and provided further that such relocation
 1573  shall be subject to applicable setback requirements in the 1972
 1574  agreement between the state and the United States Department of
 1575  Transportation. The sign owner shall pay all costs associated
 1576  with relocating or reconstructing any sign under this
 1577  subsection, and neither the state nor any local government shall
 1578  reimburse the sign owner for such costs, unless part of such
 1579  relocation costs are required by federal law. If no adjacent
 1580  property is available for the relocation, the department shall
 1581  be responsible for paying the owner of the sign just
 1582  compensation for its removal.
 1583         (4) For a nonconforming sign, Such relocation shall be
 1584  adjacent to the current site and the face of the sign may shall
 1585  not be increased in size or height or structurally modified at
 1586  the point of relocation in a manner inconsistent with the
 1587  current building codes of the jurisdiction in which the sign is
 1588  located.
 1589         (5) In the event that relocation can be accomplished but is
 1590  inconsistent with the ordinances of the municipality or county
 1591  within whose jurisdiction the sign is located, the ordinances of
 1592  the local government shall prevail, provided that the local
 1593  government shall assume the responsibility to provide the owner
 1594  of the sign just compensation for its removal, but in no event
 1595  shall compensation paid by the local government exceed the
 1596  compensation required under state or federal law. Further, the
 1597  provisions of this section shall not impair any agreement or
 1598  future agreements between a municipality or county and the owner
 1599  of a sign or signs within the jurisdiction of the municipality
 1600  or county. Nothing in this section shall be deemed to cause a
 1601  nonconforming sign to become conforming solely as a result of
 1602  the relocation allowed in this section.
 1603         (6) The provisions of subsections (3), (4), and (5) of this
 1604  section shall not apply within the jurisdiction of any
 1605  municipality which is engaged in any litigation concerning its
 1606  sign ordinance on April 23, 1999, nor shall such provisions
 1607  apply to any municipality whose boundaries are identical to the
 1608  county within which said municipality is located.
 1609         (7) This section does not cause a neighboring sign that is
 1610  already permitted and that is within the spacing requirements
 1611  established in s. 479.07(9)(a) to become nonconforming.
 1612         Section 19. Section 479.156, Florida Statutes, is amended
 1613  to read:
 1614         479.156 Wall murals.—Notwithstanding any other provision of
 1615  this chapter, a municipality or county may permit and regulate
 1616  wall murals within areas designated by such government. If a
 1617  municipality or county permits wall murals, a wall mural that
 1618  displays a commercial message and is within 660 feet of the
 1619  nearest edge of the right-of-way within an area adjacent to the
 1620  interstate highway system or the federal-aid primary highway
 1621  system shall be located in an area that is zoned for industrial
 1622  or commercial use and the municipality or county shall establish
 1623  and enforce regulations for such areas that, at a minimum, set
 1624  forth criteria governing the size, lighting, and spacing of wall
 1625  murals consistent with the intent of 23 U.S.C. s. 131 the
 1626  Highway Beautification Act of 1965 and with customary use.
 1627  Whenever a municipality or county exercises such control and
 1628  makes a determination of customary use pursuant to 23 U.S.C. s.
 1629  131(d), such determination shall be accepted in lieu of controls
 1630  in the agreement between the state and the United States
 1631  Department of Transportation, and the department shall notify
 1632  the Federal Highway Administration pursuant to the agreement, 23
 1633  U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
 1634  is subject to municipal or county regulation and 23 U.S.C. s.
 1635  131 the Highway Beautification Act of 1965 must be approved by
 1636  the Department of Transportation and the Federal Highway
 1637  Administration when required by federal law and federal
 1638  regulation under the agreement between the state and the United
 1639  States Department of Transportation and federal regulations
 1640  enforced by the Department of Transportation under s. 479.02(1).
 1641  The existence of a wall mural as defined in s. 479.01(28)
 1642  479.01(30) shall not be considered in determining whether a sign
 1643  as defined in s. 479.01(19) 479.01(20), either existing or new,
 1644  is in compliance with s. 479.07(9)(a).
 1645         Section 20. Section 479.16, Florida Statutes, is amended to
 1646  read:
 1647         479.16 Signs for which permits are not required.—The
 1648  following signs are exempt from the requirement that a permit
 1649  for a sign be obtained under the provisions of this chapter but
 1650  are required to comply with the provisions of s. 479.11(4)-(8),
 1651  and the provisions of subsections (15)-(19) may not be
 1652  implemented or continued if the Federal Government notifies the
 1653  department that implementation or continuation will adversely
 1654  affect the allocation of federal funds to the department:
 1655         (1) Signs erected on the premises of an establishment,
 1656  which signs consist primarily of the name of the establishment
 1657  or which identify the principal or accessory merchandise,
 1658  services, activities, or entertainment sold, produced,
 1659  manufactured, or furnished on the premises of the establishment
 1660  and which comply with the lighting restrictions under department
 1661  rule adopted pursuant to s. 479.11(5), or signs owned by a
 1662  municipality or a county located on the premises of such
 1663  municipality or such county which display information regarding
 1664  government services, activities, events, or entertainment. For
 1665  purposes of this section, the following types of messages shall
 1666  not be considered information regarding government services,
 1667  activities, events, or entertainment:
 1668         (a) Messages which specifically reference any commercial
 1669  enterprise.
 1670         (b) Messages which reference a commercial sponsor of any
 1671  event.
 1672         (c) Personal messages.
 1673         (d) Political campaign messages.
 1674  
 1675  If a sign located on the premises of an establishment consists
 1676  principally of brand name or trade name advertising and the
 1677  merchandise or service is only incidental to the principal
 1678  activity, or if the owner of the establishment receives rental
 1679  income from the sign, then the sign is not exempt under this
 1680  subsection.
 1681         (2) Signs erected, used, or maintained on a farm by the
 1682  owner or lessee of such farm and relating solely to farm
 1683  produce, merchandise, service, or entertainment sold, produced,
 1684  manufactured, or furnished on such farm.
 1685         (3) Signs posted or displayed on real property by the owner
 1686  or by the authority of the owner, stating that the real property
 1687  is for sale or rent. However, if the sign contains any message
 1688  not pertaining to the sale or rental of that real property, then
 1689  it is not exempt under this section.
 1690         (4) Official notices or advertisements posted or displayed
 1691  on private property by or under the direction of any public or
 1692  court officer in the performance of her or his official or
 1693  directed duties, or by trustees under deeds of trust or deeds of
 1694  assignment or other similar instruments.
 1695         (5) Danger or precautionary signs relating to the premises
 1696  on which they are located; forest fire warning signs erected
 1697  under the authority of the Florida Forest Service of the
 1698  Department of Agriculture and Consumer Services; and signs,
 1699  notices, or symbols erected by the United States Government
 1700  under the direction of the United States Forestry Service.
 1701         (6) Notices of any railroad, bridge, ferry, or other
 1702  transportation or transmission company necessary for the
 1703  direction or safety of the public.
 1704         (7) Signs, notices, or symbols for the information of
 1705  aviators as to location, directions, and landings and conditions
 1706  affecting safety in aviation erected or authorized by the
 1707  department.
 1708         (8) Signs or notices erected or maintained upon property
 1709  stating only the name of the owner, lessee, or occupant of the
 1710  premises and not exceeding 16 8 square feet in area.
 1711         (9) Historical markers erected by duly constituted and
 1712  authorized public authorities.
 1713         (10) Official traffic control signs and markers erected,
 1714  caused to be erected, or approved by the department.
 1715         (11) Signs erected upon property warning the public against
 1716  hunting and fishing or trespassing thereon.
 1717         (12) Signs not in excess of 16 8 square feet that are owned
 1718  by and relate to the facilities and activities of churches,
 1719  civic organizations, fraternal organizations, charitable
 1720  organizations, or units or agencies of government.
 1721         (13) Except that Signs placed on benches, transit shelters,
 1722  modular news racks, street light poles, public pay telephones,
 1723  and waste receptacles, within the right-of-way, as provided for
 1724  in s. 337.408 are exempt from all provisions of this chapter.
 1725         (14) Signs relating exclusively to political campaigns.
 1726         (15) Signs not in excess of 16 square feet placed at a road
 1727  junction with the State Highway System denoting only the
 1728  distance or direction of a residence or farm operation, or,
 1729  outside an incorporated in a rural area where a hardship is
 1730  created because a small business is not visible from the road
 1731  junction with the State Highway System, one sign not in excess
 1732  of 16 square feet, denoting only the name of the business and
 1733  the distance and direction to the business. The small-business
 1734  sign provision of this subsection does not apply to charter
 1735  counties and may not be implemented if the Federal Government
 1736  notifies the department that implementation will adversely
 1737  affect the allocation of federal funds to the department.
 1738         (16)Signs placed by a local tourist-oriented business
 1739  located within a rural area of critical economic concern, as
 1740  defined by s. 288.0656(2)(d)and(e), and are:
 1741         (a)Not more than 8 square feet in size or more than 4 feet
 1742  in height;
 1743         (b)Located only in rural areas, along non-limited access
 1744  highways;
 1745         (c)Located within 2 miles of the business location and are
 1746  not less than 500 feet apart;
 1747         (d)Located only in two directions leading to the business;
 1748  and
 1749         (e)Not located within the road right-of-way.
 1750  
 1751  A business placing such signs must be at least 4 miles from any
 1752  other business using this exemption and may not participate in
 1753  any other department directional signage program.
 1754         (17)Signs not in excess of 32 square feet placed
 1755  temporarily during harvest season of a farm operation for a
 1756  period of no more than 4 months at a road junction with the
 1757  State Highway System denoting only the distance or direction of
 1758  the farm operation.
 1759         (18)Acknowledgement signs erected upon publicly funded
 1760  school premises relating to a specific public school club, team,
 1761  or event placed no closer than 1,000 feet from another
 1762  acknowledgment sign on the same side of the roadway. All sponsor
 1763  information on an acknowledgement sign may constitute no more
 1764  than 100 square feet of the sign. As used in this subsection,
 1765  the term “acknowledgement signs” means signs that are intended
 1766  to inform the traveling public that a public school club, team,
 1767  or event has been sponsored by a person, firm, or other entity.
 1768         (19)Displays erected upon a sports facility which display
 1769  content directly related to the facility’s activities or where a
 1770  presence of the products or services offered on the property
 1771  exists. Displays are to be mounted flush or flat to the surface
 1772  of the sports facility and rely upon the building facade for
 1773  structural support. For purposes of this subsection, the term
 1774  “sports facility”, means any athletic complex, athletic arena,
 1775  or athletic stadium, including physically connected parking
 1776  facilities, which is open to the public and has a permanent
 1777  installed seating capacity of 15,000 or more.
 1778  
 1779  If the exemptions in subsections (15)-(19) are not implemented
 1780  or continued due to notification from the Federal Government to
 1781  the department that the allocation of federal funds to the
 1782  department will be adversely impacted, the department shall
 1783  provide notice to the sign owner that the sign must be removed
 1784  within 30 days after receiving the notice. If the sign is not
 1785  removed within the 30 days, the department may remove the sign
 1786  and all costs incurred in connection with the sign removal shall
 1787  be assessed against and collected from the sign owner.
 1788         Section 21. Section 479.24, Florida Statutes, is amended to
 1789  read:
 1790         479.24 Compensation for removal of signs; eminent domain;
 1791  exceptions.—
 1792         (1) Just compensation shall be paid by the department upon
 1793  the department’s acquisition removal of a lawful conforming or
 1794  nonconforming sign along any portion of the interstate or
 1795  federal-aid primary highway system. This section does not apply
 1796  to a sign which is illegal at the time of its removal. A sign
 1797  will lose its nonconforming status and become illegal at such
 1798  time as it fails to be permitted or maintained in accordance
 1799  with all applicable laws, rules, ordinances, or regulations
 1800  other than the provision which makes it nonconforming. A legal
 1801  nonconforming sign under state law or rule will not lose its
 1802  nonconforming status solely because it additionally becomes
 1803  nonconforming under an ordinance or regulation of a local
 1804  governmental entity passed at a later date. The department shall
 1805  make every reasonable effort to negotiate the purchase of the
 1806  signs to avoid litigation and congestion in the courts.
 1807         (2) The department is not required to remove any sign under
 1808  this section if the federal share of the just compensation to be
 1809  paid upon removal of the sign is not available to make such
 1810  payment, unless an appropriation by the Legislature for such
 1811  purpose is made to the department.
 1812         (3)(a) The department is authorized to use the power of
 1813  eminent domain when necessary to carry out the provisions of
 1814  this chapter.
 1815         (b) If eminent domain procedures are instituted, just
 1816  compensation shall be made pursuant to the state’s eminent
 1817  domain procedures, chapters 73 and 74.
 1818         Section 22. Section 479.25, Florida Statutes, is amended to
 1819  read:
 1820         479.25 Erection of noise-attenuation barrier blocking view
 1821  of sign; procedures; application.—
 1822         (1) The owner of a lawfully erected sign that is governed
 1823  by and conforms to state and federal requirements for land use,
 1824  size, height, and spacing may increase the height above ground
 1825  level of such sign at its permitted location if a noise
 1826  attenuation barrier is permitted by or erected by any
 1827  governmental entity in such a way as to screen or block
 1828  visibility of the sign. Any increase in height permitted under
 1829  this section may only be the increase in height which is
 1830  required to achieve the same degree of visibility from the
 1831  right-of-way which the sign had prior to the construction of the
 1832  noise-attenuation barrier, notwithstanding the restrictions
 1833  contained in s. 479.07(9)(b). A sign reconstructed under this
 1834  section shall comply with the building standards and wind load
 1835  requirements set forth in the Florida Building Code. If
 1836  construction of a proposed noise-attenuation barrier will screen
 1837  a sign lawfully permitted under this chapter, the department
 1838  shall provide notice to the local government or local
 1839  jurisdiction within which the sign is located prior to
 1840  construction erection of the noise-attenuation barrier. Upon a
 1841  determination that an increase in the height of a sign as
 1842  permitted under this section will violate a provision contained
 1843  in an ordinance or land development regulation of the local
 1844  government or local jurisdiction, prior to construction, the
 1845  local government or local jurisdiction shall so notify the
 1846  department. When notice has been received from the local
 1847  government or local jurisdiction prior to erection of the noise
 1848  attenuation barrier, the department shall:
 1849         (a) Provide a variance or waiver to the local ordinance or
 1850  land development regulations to Conduct a written survey of all
 1851  property owners identified as impacted by highway noise and who
 1852  may benefit from the proposed noise-attenuation barrier. The
 1853  written survey shall inform the property owners of the location,
 1854  date, and time of the public hearing described in paragraph (b)
 1855  and shall specifically advise the impacted property owners that:
 1856         1. Erection of the noise-attenuation barrier may block the
 1857  visibility of an existing outdoor advertising sign;
 1858         2. The local government or local jurisdiction may restrict
 1859  or prohibit increasing the height of the existing outdoor
 1860  advertising sign to make it visible over the barrier; and
 1861         3. If a majority of the impacted property owners vote for
 1862  construction of the noise-attenuation barrier, the local
 1863  government or local jurisdiction will be required to:
 1864         a. allow an increase in the height of the sign in violation
 1865  of a local ordinance or land development regulation;
 1866         (b)b. Allow the sign to be relocated or reconstructed at
 1867  another location if the sign owner agrees; or
 1868         (c)c. Pay the fair market value of the sign and its
 1869  associated interest in the real property.
 1870         (2)(b)The department shall hold a public hearing within
 1871  the boundaries of the affected local governments or local
 1872  jurisdictions to receive input on the proposed noise-attenuation
 1873  barrier and its conflict with the local ordinance or land
 1874  development regulation and to suggest or consider alternatives
 1875  or modifications to the proposed noise-attenuation barrier to
 1876  alleviate or minimize the conflict with the local ordinance or
 1877  land development regulation or minimize any costs that may be
 1878  associated with relocating, reconstructing, or paying for the
 1879  affected sign. The public hearing may be held concurrently with
 1880  other public hearings scheduled for the project. The department
 1881  shall provide a written notification to the local government or
 1882  local jurisdiction of the date and time of the public hearing
 1883  and shall provide general notice of the public hearing in
 1884  accordance with the notice provisions of s. 335.02(1). The
 1885  notice shall not be placed in that portion of a newspaper in
 1886  which legal notices or classified advertisements appear. The
 1887  notice shall specifically state that:
 1888         (a)1. Erection of the proposed noise-attenuation barrier
 1889  may block the visibility of an existing outdoor advertising
 1890  sign;
 1891         (b)2. The local government or local jurisdiction may
 1892  restrict or prohibit increasing the height of the existing
 1893  outdoor advertising sign to make it visible over the barrier;
 1894  and
 1895         (c)3.Upon If a majority of the impacted property owners
 1896  vote for construction of the noise-attenuation barrier, the
 1897  local government or local jurisdiction shall will be required
 1898  to:
 1899         1.a. Allow an increase in the height of the sign through a
 1900  waiver or variance to in violation of a local ordinance or land
 1901  development regulation;
 1902         2.b. Allow the sign to be relocated or reconstructed at
 1903  another location if the sign owner agrees; or
 1904         3.c. Pay the fair market value of the sign and its
 1905  associated interest in the real property.
 1906         (3)(2) The department may shall not permit erection of the
 1907  noise-attenuation barrier to the extent the barrier screens or
 1908  blocks visibility of the sign until after the public hearing is
 1909  held and until such time as the survey has been conducted and a
 1910  majority of the impacted property owners have indicated approval
 1911  to erect the noise-attenuation barrier. When the impacted
 1912  property owners approve of the noise-attenuation barrier
 1913  construction, the department shall notify the local governments
 1914  or local jurisdictions. The local government or local
 1915  jurisdiction shall, notwithstanding the provisions of a
 1916  conflicting ordinance or land development regulation:
 1917         (a) Issue a permit by variance or otherwise for the
 1918  reconstruction of a sign under this section;
 1919         (b) Allow the relocation of a sign, or construction of
 1920  another sign, at an alternative location that is permittable
 1921  under the provisions of this chapter, if the sign owner agrees
 1922  to relocate the sign or construct another sign; or
 1923         (c) Refuse to issue the required permits for reconstruction
 1924  of a sign under this section and pay fair market value of the
 1925  sign and its associated interest in the real property to the
 1926  owner of the sign.
 1927         (4)(3) This section does shall not apply to the provisions
 1928  of any existing written agreement executed before July 1, 2006,
 1929  between any local government and the owner of an outdoor
 1930  advertising sign.
 1931         Section 23. Subsection (1) of section 479.261, Florida
 1932  Statutes, is amended to read:
 1933         479.261 Logo sign program.—
 1934         (1) The department shall establish a logo sign program for
 1935  the rights-of-way of the limited access interstate highway
 1936  system to provide information to motorists about available gas,
 1937  food, lodging, camping, attractions, and other services, as
 1938  approved by the Federal Highway Administration, at interchanges
 1939  through the use of business logos and may include additional
 1940  interchanges under the program.
 1941         (a) As used in this chapter, the term “attraction” means an
 1942  establishment, site, facility, or landmark that is open a
 1943  minimum of 5 days a week for 52 weeks a year; that has as its
 1944  principal focus family-oriented entertainment, cultural,
 1945  educational, recreational, scientific, or historical activities;
 1946  and that is publicly recognized as a bona fide tourist
 1947  attraction.
 1948         (b) The department shall incorporate the use of RV-friendly
 1949  markers on specific information logo signs for establishments
 1950  that cater to the needs of persons driving recreational
 1951  vehicles. Establishments that qualify for participation in the
 1952  specific information logo program and that also qualify as “RV
 1953  friendly” may request the RV-friendly marker on their specific
 1954  information logo sign. An RV-friendly marker must consist of a
 1955  design approved by the Federal Highway Administration. The
 1956  department shall adopt rules in accordance with chapter 120 to
 1957  administer this paragraph, including rules setting forth the
 1958  minimum requirements that establishments must meet in order to
 1959  qualify as RV-friendly. These requirements shall include large
 1960  parking spaces, entrances, and exits that can easily accommodate
 1961  recreational vehicles and facilities having appropriate overhead
 1962  clearances, if applicable.
 1963         Section 24. Subsection (1) of section 479.262, Florida
 1964  Statutes, is amended to read:
 1965         479.262 Tourist-oriented directional sign program.—
 1966         (1) A tourist-oriented directional sign program to provide
 1967  directions to rural tourist-oriented businesses, services, and
 1968  activities may be established at intersections on rural and
 1969  conventional state, county, or municipal roads only in rural
 1970  counties identified by criteria and population in s. 288.0656
 1971  when approved and permitted by county or local government
 1972  entities within their respective jurisdictional areas at
 1973  intersections on rural and conventional state, county, or
 1974  municipal roads. A county or local government that which issues
 1975  permits for a tourist-oriented directional sign program is shall
 1976  be responsible for sign construction, maintenance, and program
 1977  operation in compliance with subsection (3) for roads on the
 1978  state highway system and may establish permit fees sufficient to
 1979  offset associated costs. A tourist-oriented directional sign may
 1980  not be used on roads in urban areas or at interchanges on
 1981  freeways or expressways.
 1982         Section 25. Section 479.313, Florida Statutes, is amended
 1983  to read:
 1984         479.313 Permit revocation and cancellation; cost of
 1985  removal.—All costs incurred by the department in connection with
 1986  the removal of a sign located within a controlled area adjacent
 1987  to the State Highway System, interstate highway system, or
 1988  federal-aid primary highway system following the revocation or
 1989  cancellation of the permit for such sign shall be assessed
 1990  against and collected from the permittee.
 1991         Section 26. Section 76 of chapter 2012-174, Laws of
 1992  Florida, is repealed.
 1993         Section 27. This act shall take effect July 1, 2013.